Appeal dismissed, with costs. Since the constitutional issues on the basis of which this appeal is taken are but a restatement of questions whose merit has been clearly adjudicated against appellant's position (e.g., United States v Miller,307 U.S. 174; Presser v Illinois,116 U.S. 252, 265; United States v Cruikshank,92 U.S. 542, 553; Matter of Moore v Gallup,267 App. Div. 64, 67, affd 293 N.Y. 846; Burton v Sills,53 N.J. 86, app dsmd 394 U.S. 812; United States v Karnes,437 F.2d 284, cert den 402 U.S. 1008), they must be held to lack the requisite substantiality to sustain this appeal as of right under CPLR 5601 (subd b, par 1) (People ex rel. Uviller v Luger,38 N.Y.2d 854). Accordingly, it must be dismissed (Cohen and Karger, Powers of the New York Court of Appeals, § 55, p 254).

Make your practice more effective and efficient with Casetext’s legal research suite.